Violators are taken away – Kommersant FM
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Deputies propose introducing a court ban on approaching a person. The bill was submitted to the State Duma by deputies of the New People party. They note that the Civil Code provides an incomplete list of restrictions for so-called stalkers or pursuers. For example, the court may prohibit them from calling or texting the victim, sending paper letters, but not physically approaching the victim. This has more than once led to the death of the victim, deputies indicate in the explanatory note.
How can such a ban work? And is there a need for it? Honored lawyer Mikhail Barshchevsky conceptually supports the idea: “At first glance, this proposal seems very reasonable, since the presence of an unpleasant person nearby who has done something such that the court may consider banning him from approaching the victim is psychological pressure.
The norm is quite common in world practice. It seems to me that it will not be superfluous in our Civil Code. However, a chance meeting on a bus is different. And when a person follows along both to the store and to the fitness club, such a measure would be reasonable. The court will consider and determine in which cases it is impossible to approach closer than 100 m, and in which – closer than 10 m. But this will be worked out, firstly, by legislators, and secondly, it will largely be determined by judicial practice.”
A restraining order applies in several countries, such as the United States. The court makes this decision if the offender has previously been charged with domestic violence, sexual harassment, or invasion of privacy. If a person violates the ban and nevertheless approaches the victim, he will face criminal punishment. The period will depend on the legislation of each state, lawyer Igor Slabykh, author of the USlegalnews Telegram channel, told Kommersant FM:
“The protective order is used throughout the United States of America. I looked at the statistics: the court satisfies about 90% of applications for its extradition. At the same time, she also says that 25-35% of such documents are violated. When it comes to punishment, it varies from state to state. For example, in Virginia, where I live, violating a protective order can result in up to 2.5 years in prison.
Yes, each victim does not have his own policeman who protects him, but the logic is to provide protection to all of them. If person “A” approaches person “B”, then a violation of the law occurs, and any police officer will respond to it. The victim calls and says that there is a protective order, but a certain stalker, despite this, came to him and asks him to come and do something.
And the policeman has an additional reason, without waiting for the fact of violence, to detain the offender.
As for measuring distance, if it is violated accidentally, for example, people collide in a store, there is nothing wrong with that. The person against whom the protective order has been issued understands that he needs to move some distance away. We are talking about a deliberate violation.”
The authors of the initiative in Russia note that it is aimed at preventing repeated violations. In order to initially bring a person to justice, courts use different grounds, since there is no separate article on persecution in the Criminal Code. The authorities will side with the victim if the stalker, for example, threatened to kill or injure, illegally collected personal data, or deliberately destroyed property.
Everything is clear with us – Telegram channel “Kommersant FM”.
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